Common use of No Mitigation Clause in Contracts

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 253 contracts

Samples: Change in Control Agreement (FVCBankcorp, Inc.), Change in Control Agreement (Ottawa Bancorp Inc), Change in Control Agreement (Ottawa Bancorp Inc)

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No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employment.

Appears in 56 contracts

Samples: Employment Agreement (Newtek Business Services Corp.), Employment Agreement (Newtek Business Services Corp.), Employment Agreement (Newtek Business Services Corp.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment severance payments or benefits provided for in under this Agreement by seeking other employment or otherwise and no such payment nor shall any amounts to be offset or received by the Executive under this Agreement be reduced by the amount of any other compensation or benefits provided to Executive in any subsequent employmentearned.

Appears in 37 contracts

Samples: Management Retention Agreement, Management Retention Agreement (Rocket Fuel Inc.), Management Retention Agreement (Rocket Fuel Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employment.

Appears in 35 contracts

Samples: Executive Employment Agreement (Oragenics Inc), Employment Agreement (Norwood Financial Corp), Employment Agreement (Beneficial Bancorp Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment payments provided for in by this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided in this Agreement be reduced by any compensation or benefits provided to benefit earned by the Executive in any subsequent after termination of his employment.

Appears in 28 contracts

Samples: Employment Agreement (Enthrust Financial Services Inc), Employment Agreement (Infinite Group Inc), Employment Agreement (Enthrust Financial Services Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment and, to the extent that the Executive obtains or otherwise and no such undertakes other employment, the payment shall will not be offset or reduced by the amount earnings of any compensation or benefits provided to the Executive in any subsequent from the other employment.

Appears in 28 contracts

Samples: Employment Agreement (Interline Brands, Inc./De), Employment Agreement (Interline Brands, Inc./De), Employment Agreement (Interline Brands, Inc./De)

No Mitigation. Executive shall not be required to mitigate the amount amounts payable pursuant to Section 9 of any payment provided for in this Agreement by seeking other employment or otherwise and no otherwise, nor shall such payment shall payments be offset or reduced by the amount on account of any compensation remuneration earned by Executive attributable to employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by Executive to Employer or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 25 contracts

Samples: Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and and, except as provided in Sections 8(a)(ii), no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 25 contracts

Samples: Control Agreement, Employment and Change of Control Agreement, Employment and Change (Newbridge Bancorp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for herein be reduced by any compensation earned by other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 25 contracts

Samples: Agreement (Essential Utilities, Inc.), Form of Agreement (Aqua America Inc), Agreement (Aqua America Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employmentemployment except as provided in Section 2(b)(3).

Appears in 25 contracts

Samples: Control and Severance Protection Agreement (Curtiss Wright Corp), Severance Protection Agreement (Axsys Technologies Inc), Severance Protection Agreement (Axsys Technologies Inc)

No Mitigation. The Executive shall will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by otherwise, nor will the amount of any compensation payment provided for under this Agreement be reduced by any profits, income, earnings, or other benefits provided to received by the Executive in from any subsequent employmentsource other than the Company or its successor.

Appears in 23 contracts

Samples: Employment Agreement, Employment Agreement (ConversionPoint Holdings, Inc.), Employment Agreement (ConversionPoint Holdings, Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided to the Executive by the Corporation referred to in this Agreement be reduced by any compensation earned by, or benefits paid to, the Executive as the result of employment, whether by another employer or self-employment, or by pension benefits after the Date of Termination, or otherwise, except as specifically provided to Executive in any subsequent employmentthis Agreement.

Appears in 22 contracts

Samples: Change in Control Agreement (Ovintiv Inc.), Change in Control Agreement (Ovintiv Inc.), Change in Control Agreement (Ovintiv Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment under this Agreement shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 21 contracts

Samples: Employment Agreement, Employment Agreement (BV Financial, Inc.), Employment Agreement (BV Financial, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor, except as expressly set forth in Section 6(c)(i)(B) of this Agreement, shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned or benefits provided to received by Executive in any subsequent employmentas the result of employment by another employer after the Termination Date or otherwise.

Appears in 18 contracts

Samples: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employment. 13.

Appears in 16 contracts

Samples: Employment Agreement (NewtekOne, Inc.), Employment Agreement (NewtekOne, Inc.), Employment Agreement (NewtekOne, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset employment, if obtained, or reduced by the amount of any compensation or benefits payable in connection therewith, shall reduce any amounts or benefits to which Executive is entitled hereunder except as provided to Executive for in any subsequent employmentSections 8(c) and (d).

Appears in 16 contracts

Samples: Employment Agreement (R H Donnelley Corp), Employment Agreement (R H Donnelley Corp), Employment Agreement (Donnelley R H Inc)

No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer after the date of termination, or otherwise, except for health insurance benefits provided to Executive in any subsequent employmentas set forth herein.

Appears in 16 contracts

Samples: Employment Agreement (Alto Ingredients, Inc.), Employment Agreement (Alto Ingredients, Inc.), Employment Agreement (Alto Ingredients, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment nor shall be offset or reduced by the amount of any compensation payment or benefit provided for in this Agreement be reduced as the result of employment by another employer or self-employment or offset against any amount claimed to be owed by Executive to the Company or otherwise, except that Executive shall waive, in a manner acceptable to the Company in its reasonable judgment, all rights to receive any severance payments or benefits provided that Executive is entitled to Executive in receive pursuant to any subsequent employmentother Company severance plan or program.

Appears in 16 contracts

Samples: Executive Change of Control Severance Agreement (Penn Virginia Corp), Executive Change of Control Severance Agreement (Penn Virginia Corp), Executive Change of Control Severance Agreement (Penn Virginia Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer or by retirement benefits after the Date of Termination, or except as otherwise provided to Executive in any subsequent employmentthis Agreement.

Appears in 15 contracts

Samples: Change in Control Agreement (MTS Systems Corp), Control Agreement (MTS Systems Corp), Control Agreement (MTS Systems Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for herein be reduced by any compensation earned by other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 15 contracts

Samples: Change of Control Agreement (York Water Co), Executive Severance Agreement (Cephalon Inc), Executive Severance Agreement (Cephalon Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for under this Agreement be reduced by any compensation or benefits provided to earned by the Executive in any subsequent employmentas the result of employment by another employer or by retirement benefits.

Appears in 14 contracts

Samples: Change in Control Agreement (Invitrogen Corp), Change in Control Agreement (Invitrogen Corp), Change in Control Agreement (Invitrogen Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment payments provided for in pursuant to this Agreement Agreement, whether by seeking other employment or otherwise and no such payment otherwise; nor shall be offset or reduced by the amount of any payment or benefit due under this Agreement be set-off in any manner, or reduced by any compensation or benefits provided to benefit that Executive in any subsequent employmentearns after his discharge.

Appears in 13 contracts

Samples: Change in Control Agreement (Sterling Bancorp), Change in Control Agreement (Sterling Bancorp), Change in Control Agreement (Hudson Valley Holding Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment or other benefits provided for in under this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 12 contracts

Samples: Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, not shall be offset or reduced by the amount of any payment provided for in this Agreement be reduced by any compensation or benefits provided to earned by the Executive in any subsequent employmentas the result of his employment by another employer.

Appears in 12 contracts

Samples: Employment Agreement (Intellect Neurosciences, Inc.), Employment Agreement (Bellacasa Productions Inc), Employment Agreement (Kaleidoscope Media Group Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise; nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer or by retirement benefits after the Date of Termination or otherwise except as specifically provided to Executive in any subsequent employmentherein.

Appears in 12 contracts

Samples: Agreement (MTS Systems Corp), Severance Agreement (MTS Systems Corp), Severance Agreement (MTS Systems Corp)

No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for in under this Agreement by seeking other employment or otherwise after the termination of his employment hereunder, and no such payment any amounts earned by Executive, whether from self-employment, as a common-law employee or otherwise, shall be offset or reduced by not reduce the amount of any compensation or benefits provided payment otherwise payable to Executive in any subsequent employmenthim.

Appears in 12 contracts

Samples: Employment Agreement (AzurRx BioPharma, Inc.), Employment Agreement (Marizyme Inc), Employment Agreement (AzurRx BioPharma, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation or benefits provided to earned as a result of subsequent employment of Executive in any subsequent employmentfollowing the termination of his employment hereunder.

Appears in 11 contracts

Samples: Employment Agreement (Getty Images Holdings, Inc.), Employment Agreement (Getty Images Holdings, Inc.), Employment Agreement (Getty Images Holdings, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment there shall be no offset or reduced by the amount against amounts due to him on account of any compensation remuneration or benefits provided to Executive in by any subsequent employmentemployment he may obtain, except as expressly provided herein with respect to eligibility for medical benefits with a subsequent employer.

Appears in 11 contracts

Samples: Employment Agreement (Seitel Inc), Employment Agreement (Matrix Geophysical, Inc.), Employment Agreement (Seitel Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by other employment or benefits otherwise, except as provided to Executive in any subsequent employmentherein.

Appears in 11 contracts

Samples: Employment Agreement (Sterling Financial Corp /Wa/), Employment Agreement (Sterling Financial Corp /Wa/), Employment Agreement (Sterling Financial Corp /Wa/)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Company, or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 11 contracts

Samples: Executive Severance Agreement (Hexcel Corp /De/), Executive Severance Agreement (Hexcel Corp /De/), Executive Severance Agreement (Hexcel Corp /De/)

No Mitigation. The Executive shall not be required to mitigate seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Corporation pursuant to this Agreement. Further, the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment shall not be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Corporation or benefits provided to Executive in any subsequent employmenta Subsidiary, or otherwise.

Appears in 10 contracts

Samples: Agreement (Alltel Corp), Agreement (Alltel Corp), Waiver and Release Agreement (Windstream Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment. 10.

Appears in 10 contracts

Samples: Employment Agreement (Central Maine Power Co), Employment Agreement (Central Maine Power Co), Employment Agreement (Central Maine Power Co)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and and, except as provided in Sections 7(d)(iv) or (v) or 7(e)(iv) or (v) above, no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 10 contracts

Samples: Employment Agreement (Anywhere Real Estate Group LLC), Employment Agreement (Realogy Group LLC), Release Agreement (Realogy Group LLC)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of otherwise, nor will any compensation amounts or benefits payable or provided to Executive hereunder be reduced in any subsequent the event that he does secure employment, except as otherwise provided herein.

Appears in 10 contracts

Samples: Executive Employment Agreement (MR2 Group, Inc.), Executive Employment Agreement (MR2 Group, Inc.), Executive Employment Agreement (MR2 Group, Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 9 contracts

Samples: Severance Agreement (Cherokee International Corp), Severance Agreement (Cherokee International Corp), Severance Agreement (Cherokee International Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this pursuant to the Agreement by seeking other employment and, to the extent that the Executive obtains or otherwise and no such undertakes other employment, the payment shall will not be offset or reduced by the amount earnings of any compensation or benefits provided to the Executive in any subsequent from the other employment.

Appears in 9 contracts

Samples: Separation Agreement (Metromedia International Group Inc), Separation Agreement (BKF Capital Group Inc), Separation Agreement (BKF Capital Group Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by Executive or benefits (including retirement benefits) provided to Executive as the result of employment by another employer after the Change in any subsequent employmentControl.

Appears in 9 contracts

Samples: Management Continuity Agreement (Monarch Community Bancorp Inc), Management Continuity Agreement (Monarch Community Bancorp Inc), Management Continuity Agreement (Monarch Community Bancorp Inc)

No Mitigation. The Executive shall will not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by otherwise, nor will the amount of any compensation payment provided for under this Agreement be reduced by any profits, income, earnings, or other benefits provided to received by the Executive in from any subsequent employmentsource other than NMG or its successor.

Appears in 9 contracts

Samples: Employment Agreement (Neiman Marcus Group LTD LLC), Employment Agreement (Neiman Marcus Group LTD LLC), Employment Agreement (Neiman Marcus Group LTD Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment payments provided for in by this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any cash payments or benefit provided under this Agreement be reduced by any compensation or benefits benefit earned by the Executive after his Date of Termination (except as provided to Executive in any subsequent employmentSection 8(c)(ii)(d) above).

Appears in 9 contracts

Samples: Executive Employment Agreement (Lodgenet Interactive Corp), Corporation Executive Employment Agreement (Lodgenet Interactive Corp), Corporation Executive Employment Agreement (Lodgenet Interactive Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for in this Agreement be reduced by any compensation or benefits provided to earned by the Executive in any subsequent employmentas the result of his employment by another employer.

Appears in 8 contracts

Samples: Employment Agreement (Econtent Inc), Employment Agreement (Paradise Tan Inc), Employment Agreement (Branded Media CORP)

No Mitigation. Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement or the Benefits plans by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement or the Benefits plans be reduced by any compensation or benefits provided to earned by Executive either as a result of his engaging in any subsequent employmentbusiness or his employment by another employer, or by retirement benefits payable after the termination of this Agreement.

Appears in 8 contracts

Samples: Executive Employment Agreement (Pma Capital Corp), Executive Employment Agreement (Pma Capital Corp), Executive Employment Agreement (Pma Capital Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment or benefit provided for in pursuant to this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 7 contracts

Samples: Release Agreement (CoLucid Pharmaceuticals, Inc.), Employment Agreement (CoLucid Pharmaceuticals, Inc.), Release Agreement (Hurco Companies Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 7 contracts

Samples: Employment Agreement (Equifax Inc), Employment Agreement (Talx Corp), Employment Agreement (Talx Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and, except as provided in Sections 8(a)(ii) and 12(g)(iii), no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 7 contracts

Samples: Employment and Change of Control Agreement (Newbridge Bancorp), Employment and Change of Control Agreement (Newbridge Bancorp), Employment and Change of Control Agreement (Newbridge Bancorp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in or benefit contemplated by this Agreement upon his termination of employment (whether by seeking other new employment or otherwise and no in any other manner), nor shall any such payment shall or benefit be offset or reduced by the amount of any compensation earnings or benefits provided to that Executive in may receive from any subsequent employmentother source.

Appears in 7 contracts

Samples: Executive Severance Agreement (Wackenhut Corp), Executive Severance Agreement (Wackenhut Corp), Executive Severance Agreement (Wackenhut Corp)

No Mitigation. The Executive shall not be required to mitigate seek other ------------- employment or to attempt in any way to reduce any amounts payable to the Executive by the Corporation pursuant to this Agreement. Further, the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment shall not be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Corporation or benefits provided to Executive in any subsequent employmenta Subsidiary, or otherwise.

Appears in 7 contracts

Samples: Agreement (Alltel Corp), Agreement (Alltel Corp), Agreement (Alltel Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement in connection with or following termination of employment by seeking other employment or otherwise and no such payment otherwise, nor shall any amounts provided herein be offset or reduced by the amount of any compensation or benefits provided to earned by the Executive in any subsequent employmentas the result of employment by another employer after termination of the Executive's employment hereunder.

Appears in 7 contracts

Samples: Severance and Change of Control Agreement (Middleby Corp), Severance and Change of Control Agreement (Ivex Packaging Corp /De/), Severance and Change of Control Agreement (Packaging Dynamics Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and, except as provided in Sections 8(a)(iv) and 9(c)(iv), no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 6 contracts

Samples: Employment And (CCB Financial Corp), Employment And (CCB Financial Corp), Change of Control Agreement (CCB Financial Corp)

No Mitigation. Except as otherwise specifically provided in this Agreement, the Executive shall not be required to mitigate the amount of any payment payments provided for in by this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided in this Agreement be reduced by any compensation or benefits provided to benefit earned by the Executive in any subsequent after termination of his employment.

Appears in 6 contracts

Samples: Employment Agreement (Helbiz, Inc.), Employment Agreement (Helbiz, Inc.), Employment Agreement (Jwiz, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment nor shall be offset or reduced by the amount of any compensation payment or benefit provided for in this Agreement be reduced as the result of employment by another employer or self-employment, or offset against any amount claimed to be owed by Executive to the Company or otherwise, except that Executive shall waive, in a manner acceptable to the Company in its reasonable judgment, all rights to receive any severance payments or benefits provided that Executive is entitled to Executive in receive pursuant to any subsequent employmentother Company severance plan or program.

Appears in 6 contracts

Samples: Executive Change of Control Severance Agreement (Penn Virginia Corp), Executive Change of Control Severance Agreement (Penn Virginia Corp), Executive Change of Control Severance Agreement (Penn Virginia Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 6 contracts

Samples: Employment Agreement (New York State Electric & Gas Corp), Employment Agreement (New York State Electric & Gas Corp), Employment Agreement (New York State Electric & Gas Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment there shall be no offset or reduced by the amount against amounts due to Executive on account of any compensation remuneration or benefits provided to Executive in by any subsequent employmentemployment Executive may obtain.

Appears in 6 contracts

Samples: Employment Agreement (Seitel Inc), Employment Agreement (Seitel Inc), Employment Agreement (Seitel Inc)

No Mitigation. Executive shall is not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise. The Company shall be offset or reduced by not reduce the amount of any payment or benefit provided for herein by any compensation that Executive earns from another employer or benefits provided from any other employment or from rendering services to Executive in or for the benefit of any subsequent other person or entity (including self-employment).

Appears in 6 contracts

Samples: Employment Agreement (LiveOne, Inc.), Employment Agreement (LiveXLive Media, Inc.), Employment Agreement (LiveXLive Media, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and, except as provided in Sections 8(b)(iv) and 8(d)(v) above, no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 6 contracts

Samples: Employment Agreement, Matched Performance Award Agreement (Endo International PLC), Executive Employment Agreement (Endo International PLC)

No Mitigation. Executive shall not be required to mitigate the amount of any payment payments or benefits provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment, except as otherwise expressly set forth in this Agreement.

Appears in 5 contracts

Samples: Retention and Severance Agreement (LG&E & KU Energy LLC), Retention and Severance Agreement (LG&E & KU Energy LLC), Employment and Severance Agreement (LG&E & KU Energy LLC)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in as a result of any subsequent employment.

Appears in 5 contracts

Samples: Employment Agreement (Coastal Financial Corp /De), Employment Agreement (Coastal Financial Corp /De), Employment Agreement (Coastal Financial Corp /De)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 5 contracts

Samples: Option Agreement (Endo International PLC), Release Agreement (Healthtronics, Inc.), Executive Employment Agreement (Healthtronics, Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for in this Agreement be reduced by any compensation or benefits provided to earned by the Executive in any subsequent employmentas the result of her employment by another employer.

Appears in 5 contracts

Samples: Employment Agreement (Branded Media CORP), Employment Agreement (Branded Media CORP), Employment Agreement (Branded Media CORP)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by otherwise. Except as provided in Section 4(b)(iv), the amount of any payment or benefit provided for herein shall not be reduced by any compensation earned by other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 5 contracts

Samples: Severance Agreement (Radian Group Inc), Executive Severance Agreement (Radian Group Inc), Executive Officer Agreement (Radian Group Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such otherwise. No payment provided for in this Agreement shall be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, or benefits provided to Executive in the Executive’s receipt of income from any subsequent employmentother sources, after termination of his employment with the Bank.

Appears in 5 contracts

Samples: Employment Agreement (PCSB Financial Corp), Employment Agreement (Lake Shore Bancorp, Inc.), Employment Agreement (PCSB Financial Corp)

No Mitigation. The Executive shall not be required to mitigate seek other employment or to attempt in any way to reduce any amounts payable to the Executive by the Corporation pursuant to this Agreement. Further, the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment shall not be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by the Executive to the Corporation, or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 5 contracts

Samples: Retention and Change in Control Agreement (Back Yard Burgers Inc), Severance Agreement (Back Yard Burgers Inc), Severance Agreement (Back Yard Burgers Inc)

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No Mitigation. Except as otherwise specifically provided herein, Executive shall not be required to mitigate damages or the amount of any payment provided under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation earned by Executive as a result of employment by another employer or by retirement benefits provided to Executive in any subsequent employmentafter the date of the Termination Event, or otherwise.

Appears in 5 contracts

Samples: General Release and Agreement (Verigy Ltd.), Severance Agreement (Verigy Ltd.), Severance Agreement (Verigy Ltd.)

No Mitigation. Except as otherwise expressly provided in this Agreement, Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 5 contracts

Samples: Employment Agreement (Ami Celebrity Publications, LLC), Employment Agreement (Ami Celebrity Publications, LLC), Employment Agreement (Marketing Services Inc)

No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for under this Agreement be reduced by any compensation or benefits provided to earned by Executive in any subsequent employmentas the result of employment by another employer after Executive’s Date of Termination.

Appears in 5 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Del Frisco's Restaurant Group, Inc.), Executive Employment Agreement (Del Frisco's Restaurant Group, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment payments or benefits provided for in under this Agreement by seeking other employment or otherwise and no such payment employment, nor shall any amounts to be offset or received by Executive under this Agreement be reduced by the amount of any other compensation or benefits provided to Executive in any earned from a subsequent employer (including self-employment).

Appears in 5 contracts

Samples: Employment Agreement (Globe Specialty Metals Inc), Employment Agreement (Globe Specialty Metals Inc), Employment Agreement (Globe Specialty Metals Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such otherwise. No payment provided for in this Agreement shall be offset or reduced by the amount of any compensation earned by Executive as the result of employment by another employer, or benefits provided to Executive in Executive’s receipt of income from any subsequent employmentother source, after the termination of his employment with the Company.

Appears in 4 contracts

Samples: Employment Agreement (Georgetown Bancorp, Inc.), Employment Agreement (Georgetown Bancorp, Inc.), Employment Agreement (Georgetown Bancorp, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and, except as provided in Sections 8(d)(iv) and 8(e)(ii) above, no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 4 contracts

Samples: Employment Agreement (CHS Inc), Release Agreement (CHS Inc), Employment Agreement (CHS Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by an compensation earned by Executive as the result of employment by another employer, by retirement benefits, by offset against any amount claimed to be owed by Executive to the Company, or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 4 contracts

Samples: Severance Agreement (Nielsen Holdings N.V.), Severance Agreement (Information Services Group Inc.), Severance Agreement (CZT/ACN Trademarks, L.L.C.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment or benefit provided for in pursuant to this Agreement by seeking other employment and, to the extent that Executive obtains or otherwise and no undertakes other employment, such payment shall or benefit will not be offset or reduced by the amount earnings of any compensation or benefits provided to Executive in any subsequent from the other employment.

Appears in 4 contracts

Samples: Employment Agreement (Infospace Inc), Employment Agreement (Infospace Inc), Separation Agreement (Infospace Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement any of Paragraphs VIII through XIII hereof by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this agreement be reduced by any compensation earned by other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 4 contracts

Samples: Employment Agreement (First American Capital Corp /Ks), Employment Agreement (First American Capital Corp /Ks), Employment Agreement (First American Capital Corp /Ks)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such otherwise. No payment provided for in this Agreement shall be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, or benefits provided to Executive in the Executive’s receipt of income from any subsequent employmentother sources, after termination of his employment with the Company.

Appears in 4 contracts

Samples: Employment Agreement (PCSB Financial Corp), Employment Agreement (PCSB Financial Corp), Employment Agreement (PCSB Financial Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for under this Agreement be reduced by any compensation or benefits provided to earned by the Executive in any subsequent employmentas the result of employment by another employer or by retirement benefits.

Appears in 4 contracts

Samples: Change in Control Agreement (Thermo Fisher Scientific Inc.), Change in Control Agreement (Invitrogen Corp), Change in Control Agreement (Life Technologies Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment and, to the extent that Executive obtains or otherwise and no such undertakes other employment, the payment shall will not be offset or reduced by the amount earnings of any compensation or benefits provided to Executive in any subsequent from the other employment.

Appears in 4 contracts

Samples: Employment Agreement (DPL Inc), Employment Agreement (DPL Inc), Employment Agreement (Interline Brands, Inc./De)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for herein be reduced by any compensation earned by other employment or benefits otherwise, except as provided to Executive in any subsequent employmentSections 3(d) and 5(b).

Appears in 4 contracts

Samples: Termination and Change of Control Agreement (Ametek Inc/), Termination and Change of Control Agreement (Ametek Inc/), Termination and Change of Control Agreement (Ametek Inc/)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset employment, if obtained, or reduced by the amount of any compensation or benefits provided payable in connection therewith, shall reduce any amounts or benefits to which Executive in any subsequent employmentis entitled hereunder.

Appears in 4 contracts

Samples: Employment Agreement (Stackpole David Andrew), Employment Agreement (Donnelley R H Inc), Registration Rights Agreement (Harvey Electronics Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such otherwise. No payment provided for in this Agreement shall be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, or benefits provided to Executive in the Executive’s receipt of income from any subsequent employmentother sources, after termination of his employment with the Employer.

Appears in 4 contracts

Samples: Employment Agreement (NSTS Bancorp, Inc.), Employment Agreement (NSTS Bancorp, Inc.), Employment Agreement (NSTS Bancorp, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 4 contracts

Samples: Ii Agreement (United Natural Foods Inc), Change of Control Severance Agreement (Supervalu Inc), Control Severance Agreement (Supervalu Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such otherwise. No payment provided for in this Agreement shall be offset or reduced by the amount of any compensation earned by the Executive as the result of employment by another employer, or benefits provided to Executive in the Executive's receipt of income from any subsequent employmentother source, after the termination of his employment with the Employers.

Appears in 4 contracts

Samples: Employment Agreement (Danvers Bancorp, Inc.), Employment Agreement (Danvers Bancorp, Inc.), Employment Agreement (Danvers Bancorp, Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any salary or other payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits after the date of termination or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 4 contracts

Samples: Employment Agreement (First Federal Financial Services Corp), Employment Agreement (FFW Corp), Employment Agreement (First Federal Financial Services Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Kulicke & Soffa Industries Inc), Employment Agreement (Sigma Alpha Group LTD), Employment Agreement (Clariti Telecommunications International LTD)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employmentemployment except as provided in Section 3.1(b)(3).

Appears in 3 contracts

Samples: Severance Protection Agreement (Tylan General Inc), Severance Protection Agreement (Tylan General Inc), Severance Protection Agreement (Tylan General Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no otherwise, not will any such payment shall payments be offset or reduced by the amount of any compensation or benefits provided to earnings that Executive in may receive from any subsequent employmentother employer.

Appears in 3 contracts

Samples: Executive Retention Agreement (Netro Corp), Corporation Executive Retention Agreement (Netro Corp), Corporation Executive Retention Agreement (Netro Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any payment provided for pursuant to this Agreement shall not be reduced by any compensation earned as a result of Executive’s other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Supplemental Benefits Agreement (Berkley W R Corp), Supplemental Benefits Agreement (Berkley W R Corp), Supplemental Benefits Agreement (Berkley W R Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any salary or other payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by Executive as the result of employment by another employer, by retirement income after the Termination Date, or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Firstmerit Corp /Oh/), Employment Agreement (Firstmerit Corp /Oh/), Employment Agreement (Firstmerit Corp)

No Mitigation. The Executive shall not be required to mitigate the amount of any salary or other payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer, by retirement benefits after the Date of Termination or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Sound Financial Bancorp, Inc.), Employment Agreement (Sound Financial Bancorp, Inc.), Employment Agreement (Citizens Community Bancorp Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employment, PROVIDED that if the Executive obtains subsequent employment and such employment provides the Executive substantially similar or more generous fringe benefits, the Company's obligations in this regard shall cease on the date that the Executive becomes entitled to receive such benefits from his or her subsequent employer.

Appears in 3 contracts

Samples: Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for in this Agreement be reduced by any compensation earned by Executive as the result of employment by another company after the Termination Date, or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (GeoMet, Inc.), Employment Agreement (GeoMet, Inc.), Employment Agreement (GeoMet, Inc.)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employment. 13. [Intentionally Omitted]. 14.

Appears in 3 contracts

Samples: Employment Agreement (NewtekOne, Inc.), Employment Agreement (NewtekOne, Inc.), Employment Agreement (NewtekOne, Inc.)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and, except as provided in Sections 8(d)(v) and 8(e)(iv) above, no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 3 contracts

Samples: Release Agreement (Endo Health Solutions Inc.), Stock Option Agreement (Endo Pharmaceuticals Holdings Inc), Award Agreement (Endo Pharmaceuticals Holdings Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise and and, except as provided in Sections 8(a)(ii) or Section 9(c)(ii) or (iii), as applicable, no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 3 contracts

Samples: Employment Agreement (First Bancorp /Nc/), Employment Agreement (First Bancorp /Nc/), Employment Agreement (First Bancorp /Nc/)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment provided for in this Agreement by seeking other employment or otherwise otherwise, and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to the Executive in any subsequent employment, provided that if the Executive obtains subsequent employment and such employment provides the Executive substantially similar or more generous fringe benefits, the Company’s obligations in this regard shall cease on the date that the Executive becomes entitled to receive such benefits from his or her subsequent employer.

Appears in 3 contracts

Samples: Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc), Change in Control Agreement (Retek Inc)

No Mitigation. The Executive shall not be required to mitigate the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced otherwise. Income earned by the amount Executive following the Date of Termination shall have no effect whatsoever on the Company's obligations and the Executive's rights hereunder, and shall not give rise to any compensation set-off or benefits provided to Executive in any subsequent employmentrecoupment by the Company.

Appears in 3 contracts

Samples: Employment Agreement (Bankunited Financial Corp), Employment Agreement (Bankunited Financial Corp), Employment Agreement (Bankunited Financial Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise employment, and no such payment payments shall not be offset or reduced by the amount of any compensation or benefits provided to Executive in received from any subsequent employmentemployer or other endeavor. Any amounts due under Section 5 of this Agreement are considered reasonable by the Company and are not in the nature of a penalty.

Appears in 3 contracts

Samples: Employment Agreement (CF Finance Acquisition Corp II), Employment Agreement (CF Finance Acquisition Corp II), Employment Agreement (Brixmor Operating Partnership LP)

No Mitigation. The Executive shall not be required to mitigate ------------- the amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Amerisource Distribution Corp), Employment Agreement (McKesson Corp), Employment Agreement (Amerisource Distribution Corp)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise and no such payment shall be offset or reduced by the amount of any compensation or benefits provided to Executive in any subsequent employment.

Appears in 3 contracts

Samples: Employment Agreement (Eyeblaster Inc), Employment Agreement (GSC Acquisition Co), Employment Agreement (GSC Acquisition Co)

No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for under this Agreement be reduced by any compensation earned by Executive as a result of employment by another employer, or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (Cross Media Marketing Corp), Employment Agreement (Symposium Corp), Employment Agreement (Cross Media Marketing Corp)

No Mitigation. The Executive shall not be required to mitigate the ------------- amount of any payment or benefit provided for in this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment or benefit provided for in this Agreement be reduced by any compensation earned by other employment or benefits provided to Executive in any subsequent employmentotherwise.

Appears in 3 contracts

Samples: Employment Agreement (McKesson Corp), Employment Agreement (Amerisource Distribution Corp), Employment Agreement (McKesson Corp)

No Mitigation. Executive shall not be required to mitigate damages or the amount of any payment provided for in under this Agreement by seeking other employment or otherwise and no such payment otherwise, nor shall be offset or reduced by the amount of any payment provided for under this Agreement be reduced by any compensation or benefits provided to earned by Executive in any subsequent employmentas a result of employment by another employer.

Appears in 3 contracts

Samples: Employment Agreement (Leapfrog Enterprises Inc), Stock Option Agreement (Leapfrog Enterprises Inc), Employment Agreement (Leapfrog Enterprises Inc)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in or benefit contemplated by this Agreement by seeking other employment or otherwise and no Agreement, nor shall any such payment shall or benefit be offset or reduced by the amount of any compensation earnings or benefits provided to that Executive in may receive from any subsequent employmentother source.

Appears in 3 contracts

Samples: Employment Agreement (Levi Strauss & Co), Employment Agreement (Levi Strauss & Co), Employment Agreement (Levi Strauss & Co)

No Mitigation. Executive shall not be required to mitigate the amount of any payment provided for in pursuant to this Agreement by seeking other employment or otherwise employment, and no such payment payments shall not be offset or reduced by the amount of any compensation or benefits provided to Executive in received from any subsequent employmentemployer or other endeavor except as provided at Section 7(c)(iii)(D)(ii).

Appears in 2 contracts

Samples: Employment Agreement (DJO Finance LLC), Employment Agreement (DJO Finance LLC)

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